Annual Report 2005-2006 - pilch

VICTORIAN BAR LEGAL ASSISTANCE SCHEME
The Victorian Bar Legal Assistance Scheme (‘VBLAS’) continues to play a key role in
facilitating access to justice in Victoria.
The Scheme is now in its sixth successful year of administration by the PILCH and
is overseen by the Legal Assistance Committee (‘LAC’) of the Victorian Bar to which
PILCH regularly reports.
There are presently 531 barristers who have volunteered to participate in VBLAS.
This strong commitment is reflected throughout all levels of seniority at the Victorian
Bar, including those who signed the roll this year. Many barristers, although not
formally registered, welcome requests to assist VBLAS when approached. The
pleasing results of a Bar Survey are referred to below.
Applications received by VBLAS are assessed on the basis of legal merit, lack of
means and whether assistance is required ‘in the interests of the administration of
justice’. This year, barristers again demonstrated their generosity in assisting clients
both where VBLAS’ means and merit criteria were satisfied and, less commonly, in
circumstances where these criteria were not necessarily met, but where assistance
would directly advance the administration of justice by the courts.
The majority of applications come from individuals, many with complex legal
problems and without other options for legal assistance. Individual clients are most
often referred to VBLAS by community legal centres, Victoria Legal Aid, or directly
from the courts. Referrals made to barristers may be for advice, drawing documents
and/or appearance work.
VBLAS has greatly benefited from office sharing with PILCH and with the Law
Institute of Victoria’s Legal Assistance Scheme through opportunities for crossreferrals
and shared knowledge.
FUNDING
VB LAS receives $121,195 per year from the Victorian Bar, of which approximately
75% is funded by the Legal Services Board.
STAFFING
VBLAS has a full-time solicitor/manager. Michelle Panayi is the current manager until
Susannah Sage Jacobson returns from maternity leave in January 2007.
VBLAS also employs Damien Pitts as administrative assistant to the manager two
days per week. Recently Elspeth Martini was appointed to assist the scheme one
day per week until she left PILCH. She has since been replaced by Edwina Scott.
VBLAS also continues to be assisted by the PILCH staff, volunteers, student interns
and fellows and seconded administrators.
INQUIRIES AND REFERRALS
VBLAS has been substantially busier in the financial year 2005-06 than it was in the
previous financial year. Total inquiries rose from 374 to 426 and referrals rose from
184 in 2004-05 to 215 this financial year. 70% per cent of the case load is migration.
Other main areas of law include criminal law, family law, property law, and intervention
order matters.
It is important to note that, where appropriate, applicants are referred to other
services such as Victoria Legal Aid, an ombudsman, a community legal centre,
other community-based organizations, LIVLAS or PILCH. This practice, essential
to ensuring that the burden of representing disadvantaged litigants falls in its proper
place, accounts in part for the discrepancy between inquiry and referral numbers,
although there is also significant screening to ensure that applicants meet the means
and merit criteria prior to a referral being made.
EVENTS
On 30 March 2006, the Victorian Bar hosted a drinks function at the Essoign Club to
honour the contribution of barristers to both VBLAS and the PILCH LAS, and their
other pro bono work. It was attended by approximately 100 members of the Bar who
have accepted pro bono briefs over the past year. Also present were members of the
judiciary, court staff and members of PILCH who have actively participated in VBLAS.
Justice Young of the Federal Court of Australia was the guest speaker.
TRAINING
The Family Violence Sub-Committee, chaired by Helen Symon SC, continues to be
committed to the education of the Victorian Bar in family violence issues.
In November 2005, the Sub-Committee organized advocacy training for barristers
on family violence law. The training took place over two sessions and was presented
by Justice Sally Brown of the Family Court, Justice Phillip Cummins of the Supreme
Court, Magistrate Anne Goldsborough, Leslie Glick SC, Ms Olyvia Nikou SC, Assistant
Police Commissioner Leigh Gassner, Mr Phillip Dunn QC, and Sarah Vessali and
Allyson Foster of the Women’s Legal Service. The training was well attended and
received much positive feedback.
The Committee also organized an extremely informative seminar presented by Judge
Hyman from the Superior Court of California in February 2006 that focused on family
violence and intervention order issues.
In addition, the Committee organised intervention order advocacy training as part of
the Community Legal Centres’ State Conference on the 1 June 2006. David Parsons
SC and Martin Grinberg presented the training with the assistance of Magistrate
Lesley Fleming. The training was described by participants as extremely dynamic and
first class.
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